793-4          DISQUALIFICATION FOR INTENTIONAL PROGRAM VIOLATION

An individual will be disqualified if he or she:

• Is found to have committed an IPVIntentional Program Violation through an Administrative Disqualification Hearing;
• Has waived his or her right to an Administrative Disqualification Hearing;
• Is found to have committed an IPVIntentional Program Violation by a court; or
• Has signed a disqualification consent agreement, confirmed by a court, in which the individual admits committing an IPVIntentional Program Violation.

793-4 A.      GOOD CAUSE FOR IPVIntentional Program Violation

There are no good cause reasons that excuse an individual from a disqualification for an IPVIntentional Program Violation.

793-4 B.      REDUCTION OF ASSISTANCE FOR IPVIntentional Program Violation DISQUALIFICATION

The amount of the reduction in assistance applied when an individual is disqualified for an IPVIntentional Program Violation is approximately $369.

This amount is calculated by reducing the family's need standard by the difference between the need standard for an Adult-Included two-person household and the need standard for an Adult-Not-Included one-person household, and applying the ratable reduction.

793-4 C.      LENGTH OF IPVIntentional Program Violation DISQUALIFICATION

Individuals are disqualified from Temporary Assistance for intentional program violations for:

• 6 months for the first violation;
• 12 months for the second violation; and
• Permanently for the third violation.

793-4 D.      IMPOSING AN IPVIntentional Program Violation DISQUALIFICATION PENALTY

The Claims Unit in Juneau plays a key role in implementing the IPVIntentional Program Violation disqualification. The Fraud Control Unit and the Administrative Disqualification Hearing Officer send disqualification hearing decisions and hearing waivers to the Claims Unit. The Claims Specialist notifies the caseworker of the disqualification start date, the length of the disqualification, and which EISEligibility Information System notice to send the individual. The caseworker may not take action to disqualify an individual until instructed to do so by the Claims Specialist.

• If the disqualified individual is a member of an assistance unit that is receiving benefits at the time of disqualification, the disqualification is imposed according to the instructions from the Claims Unit.
• If the individual is already serving a separate penalty or disqualification, the disqualification is postponed until the separate penalty or disqualification is ended.
• If the individual is not a member of an assistance unit receiving benefits at the time of disqualification, the disqualification is postponed until the individual is determined eligible for benefits again.

793-4 E.      THE IPVIntentional Program Violation DISQUALIFICATION PERIOD

The disqualification continues as long as the individual is not serving a separate penalty or disqualification, and the assistance unit remains eligible for benefits. The IPVIntentional Program Violation is suspended when an individual is penalized or disqualified for another reason, or the assistance unit in which the individual is a member becomes ineligible for benefits for another reason, or requests their case be closed. If the reason for the assistance unit becoming ineligible is due solely to the imposition of the IPVIntentional Program Violation disqualification, the disqualification period continues.

The disqualification will resume and the number of months remaining in the disqualification period will be imposed if and when the separate penalty or disqualification ends, or the assistance unit in which the disqualified individual could be included becomes eligible for benefits again.